The situation of LGBTQ people
in the post Soviet countries
The criminal article punishing ‘sodomy’ was introduced in the USSR 91 years ago. Shortly before that, a report was made to Stalin about the ‘society of pederasts’ conspiracy and the formation of ‘spy cells’ in ‘men's’ lounges. Non-heterosexual men began to be given real prison sentences, up to 8 years in labor camps, or placed in psychiatric institutions. Whereas non-heterosexual women began to be subjected to punitive psychiatry. This criminal code article was often used as an instrument of political pressure on the undesirable.
After the collapse of the Soviet Union, the situation in the former republics seemingly began to change. Criminalisation was gradually abolished in most of the former Soviet states. In reality, however, the lives of queer people remained at risk, with many opting to not lead an openly queer lifestyle.
How are things today?
Russia
In Russia, homosexuality was decriminalized in May 1993. Human rights organizations, clubs and meet-ups for queer people began to appear. In major cities, marches for equality were being held. However, in the absence of recognition of same-sex marriage and anti-discrimination measures, many queer people couldn’t marry a partner of their choice, adopt children, and faced attacks and harassment on the basis of their sexual orientation and identity.
Over the past decade, the situation was deteriorating gradually, and it worsened significantly after the full-scale invasion of Ukraine in 2022. In December 2022, the country adopted a law “On the prohibition of propaganda of non-traditional sexual relations or preferences, paedophilia and gender reassignment”. With this law, distribution of information that “propagandise non-traditional sexual relations or preferences” in advertising, books, cinema and media fell under prohibition. In 2023, the “international LGBT movement” was recognised as extremist by the Russian Supreme court. For participation in this “movement’, which is defined vaguely and broadly in the ruling text, a person can face up to 6 years in prison, and up to 10 years for organizing LGBTQ-themed events. This effectively outlaws all members of the LGBTQ community in the country. The Russian campaign against “non-traditional sexual relations” has contributed to growing hostility towards sexual and gender minorities in other post-Soviet countries as well.
Central Asia
Two post-Soviet countries retain imprisonment for homosexual relations between men: Uzbekistan (up to 3 years' imprisonment) and Turkmenistan (2 years, with from 5 to 10 years for repeated offense). Women are not prosecuted for same-sex activity in these countries.
In Uzbekistan, forced anal testing of men suspected of homosexuality are common. The world healthcare community and human rights organizations condemn such practices as degrading.
In both Uzbekistan and Turkmenistan, homosexual men often face blackmail and extortion by law enforcement authorities.
In Tajikistan and Kyrgyzstan, the criminal code article penalizing male homosexuality was abolished in 1998. However, queer people still are largely unable to lead open lifestyles, with the society’s attitude towards them being highly unaccepting. In both states, there is no legal recognition of gender transition, and gender affirming surgeries are not performed. A number of doctors and psychologists in Tajikistan equate homosexuality with mental disorders akin to substance addiction and speak in favor of conversion therapy. In Kyrgyzstan, a law banning the “propaganda of non-traditional sexual relations among children” was adopted in 2023. According to a study by ECOM (Eurasian Coalition on Health, Rights, Gender and Sexual Diversity), in Kyrgyzstan, the level of political homophobia is on the rise, and the level of internalized homophobia remains the highest in the CIS.
In Kazakhstan, same-sex marriage is not allowed. Gender transition is possible, however surgical intervention and examination in a psychiatric institution are mandatory. According to reports by ECOM, harassment and discriminatory practices by both law enforcement authorities and medical personnel are especially common. The former include blackmail, extortion, ‘fake dates’; the latter range between disclosure of patient's personal data, neglectful attitude, and refusal to provide medical assistance). The number of offenses against queer people using cold weapons is increasing. So do the reported instances of queer people undergoing conversion therapy.
In Central Asia as a whole, the overall situation is exacerbated by regular public condemnation of the LGBTQ community by Muslim leaders, which leads to radicalisation of an already conservative population.
South Caucasus
Until recently, Georgia could be considered the most progressive country in the South Caucasus. Here, discrimination against LGBTQ persons in any spheres of life is prohibited at the legislative level. Since 2012, offenses committed on the grounds of sexual orientation or gender identity have been considered an aggravating factor in criminal cases.
However, in 2024 Georgia’s ruling party plans to adopt the law “On Family Values and Protection of Minors”, currently passed in the first reading, with two more to come. The draft law prohibits gender transition, adoption of children by same sex families, “propaganda” of LGBTQ and popularization of same-sex marriages. The law has already been dubbed “pro-Russian”.
In Armenia, homosexuality was decriminalized in 2003. To date, gay marriage and adoption by same-sex partners are prohibited in the country. Since 2004, gay men have not been allowed to serve in the armed forces due to what the officials call their "mental deviations". In 2008, Armenia endorsed the UN declaration on‘Sexual Orientation and Gender Identity, but in practice there is still no legislation in the country to protect queer people from discrimination. Overall, there is a very low level of acceptance of LGBTQ people in the country.
In Azerbaijan, homosexuality was decriminalized in 2000. However, the legislation still does not explicitly prohibit discrimination on
the grounds of sexual orientation and gender identity. Same-sex marriages are prohibited, gender transition is possible only through a court decision.
In 2020, ILGA-Europe once again declared Azerbaijan the worst country in Europe in terms of LGBTQ rights. In the same year, the country witnessed the brutal murder of journalist and LGBTQ rights advocate Avaz Hafizli. This was an “honor killing”, and it was committed by Hafizli's cousin. The court did not take into account the hate motive as an aggravating factor, and handed down the sentence that was seen by many human rights activists as too lenient. The case triggered a strong reaction in society, and human rights organizations demanded that the president of the country abolish the persecution of queer people.
Eastern Europe
Homosexuality has been legal in Moldova since 1995. In 2013, a law was passed prohibiting discrimination on the basis of sexual orientation in employment. Same-sex marriage, adoption of children by queer people, and joint custody are forbidden. Gender transition is possible upon the formal diagnosis by a special commission. The country has a progressive law on freedom of peaceful assembly, which, among other things, prohibits the media from discriminating against people on the basis of sexual orientation. Despite this, in the 2024 ILGA Europe annual ranking of countries on their legal and policy practices for LGBTQ people, Moldova dropped two spots down from the previous year (25th place from 23rd).
*There are 49 countries in the list. Ukraine is ranked 41st, followed by Russia and Azerbaijan.
Ukraine was the first post-soviet country to decriminalize homosexuality. This happened in 1991. However, the level of homophobia in the country remained high for decades. After the start of Russia's full-scale invasion of Ukraine, queer families have been particularly vulnerable. Partners cannot make medical decisions for one another, retrieve the bodies of their deceased loved ones for burial, or raise their partner's children in the event of their partner's death. In 2022, a petition to legalise same-sex marriage gained the necessary 25,000 signatures but was not taken up due to the impossibility of changing the constitution during wartime. In 2023, a bill on same-sex and opposite-sex civil partnerships was registered in the Verkhovna Rada. It is still under consideration.
Members of the queer community in Belarus experience significant challenges not experienced by non-LGBTQ people. Officials and religious figures periodically call for the introduction of administrative and criminal liability for "propaganda of non-traditional sexual relations and gender reassignment". In March 2024, the country's Ministry of Culture amended the regulation on "erotic materials''. Now any demonstration of relationships of LGBTQ people is considered pornography, is equated with necrophilia, paedophilia and voyeurism. Public demonstration of pornographic materials is punishable in Belarus by imprisonment for up to four years.
Baltic States
The most optimistic situation with the rights of queer people is in the Baltic States. On 1 January 2024, Estonia legalized same-sex marriages. It became the first such country among the former Soviet states.
In Latvia, on 1 July this year, a law on civil partnership came into force. According to this law, same sex couples are now able to register their relationships with a public notary. This entitles them to tax benefits, social guarantees, and enables them to make decisions regarding medical treatment on behalf of a partner. Attempts to adopt this law have been made in Latvia for more than 20 years. Same-sex marriages, however, are still prohibited by the country's Constitution.
In Lithuania, there is no legal recognition of same-sex couples, however, a similar law on partnership is also being discussed. There, homosexual relations were decriminalized in 1993. Currently, there is a law in force prohibiting the dissemination of information that "undermines family values’.
In most post-Soviet countries, the criminalisation of queer people ceased 20-30 years ago. However, it has not been possible to fully overcome homophobic attitudes in societies over these decades. This is partly due to the "historic memory" and traditionalist attitudes, which have not had time to die out. But more often the fight against LGBTQ becomes a means of political and religious manipulation, an attempt to consolidate people against an imaginary enemy, to direct the discontent of the population against the minorities. The strengthening of homophobic sentiments in some post-Soviet countries will have serious consequences in the future, just as the Stalinist law "on sodomy" continues to still have repercussions.